[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54538-54539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4748]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 07-79; USCBP-2007-0074]
RIN 1505-AB87


Extension of Import Restrictions Imposed on Archaeological 
Material From Guatemala

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on certain 
archaeological material from Guatemala which were imposed by Treasury 
Decision (T.D.) 97-81 and extended by T.D. 02-56. The Acting Assistant 
Secretary for Educational and Cultural Affairs, United States 
Department of State, has determined that conditions continue to warrant 
the imposition of import restrictions. Accordingly, the restrictions 
will remain in effect for an additional 5 years, and the CBP 
regulations are being amended to indicate this second extension. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made under the terms of the 
Convention on Cultural Property Implementation Act in accordance with 
the United Nations Educational, Scientific and Cultural Organization 
(UNESCO) Convention on the Means of Prohibiting and Preventing the 
Illicit Import, Export and Transfer of Ownership of Cultural Property. 
T.D. 97-81 contains the Designated List of archaeological material that 
describes the articles to which the restrictions apply.

DATES: Effective Date: September 29, 2007.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Intellectual Property Rights and Restricted Merchandise 
Branch, (202) 572-8710. For operational aspects, Michael Craig, Chief, 
Other Government Agencies Branch, (202) 863-6558.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO)

[[Page 54539]]

Convention, codified into U.S. law as the Convention on Cultural 
Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), 
the United States entered into a bilateral agreement with Guatemala on 
September 29, 1997, concerning the imposition of import restrictions on 
archaeological objects and materials from the pre-Columbian cultures of 
Guatemala. On October 3, 1997, the former United States Customs Service 
published T.D. 97-81 in the Federal Register (62 FR 51771), which 
amended 19 CFR 12.104g(a) to reflect the imposition of these 
restrictions, and included a list designating the types of 
archaeological objects and materials covered by the restrictions. The 
restrictions cover Maya material from the Peten Lowlands and related 
pre-Columbian material from the Highlands and the Southern Coast of 
Guatemala.
    Prior to the issuance of T.D. 97-81, on April 15, 1991, the former 
United States Customs Service published T.D. 91-34 in the Federal 
Register (56 FR 15181), which imposed emergency import restrictions on 
certain archaeological material from the Peten Region of Guatemala. 
Under T.D. 91-34, Sec.  12.104g(b) (19 CFR 12.104g(b)) of the 
regulations pertaining to emergency restrictions was amended 
accordingly. These emergency restrictions were extended for a period of 
three years on November 7, 1994, under T.D. 94-84 (59 FR 55528). 
Subsequently, the same archaeological material covered by T.D. 91-34 
(and the extension of T.D. 94-84) was subsumed in T.D. 97-81 when it 
was published in 1997, at which time the emergency restrictions of T.D. 
91-34 (and T.D. 94-84) were removed from Sec.  12.104g(b).
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    On September 30, 2002, the former United States Customs Service 
published T.D. 02-56 in the Federal Register (67 FR 61259), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years until September 29, 
2007.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, and in response to a request by the 
Government of Guatemala, the Acting Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluding 
that the cultural heritage of Guatemala continues to be in jeopardy 
from pillage of archaeological materials, made the necessary 
determination to extend the import restrictions for an additional five 
years on July 18, 2007, and diplomatic notes have been exchanged, 
reflecting the extension of the restrictions. Accordingly, CBP is 
amending 19 CFR 12.104g(a) to reflect the extension of the import 
restrictions.
    The Designated List of Archaeological Material from Guatemala 
covered by these import restrictions is set forth in T.D. 97-81. The 
Designated List and accompanying image database may also be found at 
the following internet Web site address: http://exchanges.state.gov/culprop/gtimage.html.
    The restrictions on the importation of these archaeological 
materials from Guatemala are to continue in effect for an additional 5 
years. Importation of such material continues to be restricted unless 
the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
(5 U.S.C. 553(a)(1)). For the same reason, a delayed effective date is 
not required under 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.

Executive Order 12866

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
For the reasons set forth above, part 12 of Title 19 of the Code of 
Federal Regulations (19 CFR part 12), is amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for Guatemala by removing the reference 
to ``T.D. 02-56'' and adding in its place ``CBP Dec. 07-79'' in the 
column headed ``Decision No.''.

W. Ralph Basham,
Commissioner, U.S. Customs and Border Protection.

Approved: September 21, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-4748 Filed 9-25-07; 8:45 am]
BILLING CODE 9111-14-P